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New Delhi: The Matthew Aaron Van Dyke case, which had emerged as one of the irritants in India-US relations, is likely to be resolved by this weekend with a Delhi court expected to allow the US national to return to the United States, subject to conditions requiring him to cooperate with the ongoing investigation and remain available to the investigating agency for further questioning.
The court is expected to pronounce its order on Friday on Van Dyke’s application seeking permission to travel to the US. Sources said the permission is likely to be accompanied by an undertaking that Van Dyke will make himself available to the National Investigation Agency whenever required and cooperate with any further investigation.
The development is significant as the NIA has maintained that its investigation into alleged offences under the Unlawful Activities (Prevention) Act remains open. The agency’s Special Public Prosecutor had told the court that the UAPA investigation was continuing and that a supplementary chargesheet could be filed if the investigation establishes an offence under the anti-terror law.
Sources said the repatriation of Van Dyke had been repeatedly raised by US Ambassador to India Sergio Gor with Indian officials at multiple levels and had become an issue of concern in bilateral discussions. With Van Dyke now seeking permission to return to the US, the matter is expected to be effectively resolved, subject to the conditions imposed by the court.
The development also follows a significant change in the NIA’s position in the case. Van Dyke and six Ukrainian nationals were arrested in March in a case in which the UAPA had initially been invoked. However, when the NIA filed its chargesheet on 8 September , it did not include the UAPA provisions and instead invoked provisions of the Immigration and Foreigners Act, 2025.
The NIA had earlier indicated that UAPA provisions would be pursued against Van Dyke and the six Ukrainians. The subsequent chargesheet did not contain those provisions, although the agency told the court that its investigation into the UAPA allegations was continuing and that further action could follow.
Van Dyke was subsequently granted default bail after the statutory period for completing the investigation had expired. The court’s order also required him to remain available to the investigating agency when called.
The immigration-related proceedings have also moved towards closure. Van Dyke paid Rs 5.5 lakh to compound the offences under the Immigration and Foreigners Act. The six Ukrainian nationals have also been granted default bail in the case.
The sequence of developments has brought the case to a point where Van Dyke could leave India while the NIA technically retains the option of pursuing the UAPA investigation and filing a supplementary chargesheet if it finds sufficient evidence.
The likely permission for Van Dyke to return to the US would therefore remove the immediate legal and diplomatic friction surrounding his detention, while leaving the NIA’s stated position on the continuing UAPA investigation intact.